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The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century (The\mit Press Ser.)
by Harry First Andrew I. GavilA comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented.In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.
The Microsoft Case: Antitrust, High Technology, and Consumer Welfare
by William H. Page John E. LopatkaIn 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age. “This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University
The Middleman: A Legal Thriller
by Mike PapantonioThe Middleman is an epic drama of whistleblowers, murder, thrills, and legal combat—torn out of today&’s headlines. Nicholas &“Deke&” Deketomis and his law firm take on America&’s Big Pharma when Deke&’s college pal, Matt Redmond, presents him with a case of possible fraud involving EirePharma, the Redmond family business and a powerful Pharmacy Benefit Manager (PBM). PBMs serve as the &“middlemen&” between drug manufacturers and insurance companies, working in cryptic ways to determine not only the cost of drugs but also placing them on insurers&’ preferred formularies. EirePharma was recently taken over by the charismatic CEO, Connor Devlin, who has a Rasputin-like influence over Matt&’s cousin, Amy, the company&’s current president. Devlin may be utilizing racketeering practices—and perhaps murder—to raise the prices of insulin and other drugs for his own profit and to the detriment of consumers. Amy, who at first was in love with Devlin, decides—at great peril—to become her company&’s whistleblower and provide evidence to Deke and his team. When key witnesses and even Redmond family members meet mysterious and violent deaths, Amy finds herself a pawn caught in the center of a frightening and deadly game of wills between a formidable gangster, who in the eyes of the public is a respected businessman, and a law firm that is determined to investigate and uncover the Middleman&’s crimes. In the tradition of Suspicious Activity and Inhuman Trafficking, Mike Papantonio takes Deke and his cohorts on a new and different kind of legal gamble in The Middleman, which is chock full of the action and thrills for which he is known.
The Migrant's Jail: An American History of Mass Incarceration (Politics and Society in Modern America)
by Brianna NofilA century-long history of immigrant incarceration in the United StatesToday, U.S. Immigration & Customs Enforcement (ICE) detains an average of 37,000 migrants each night. To do so, they rely on, and pay for, the use of hundreds of local jails. But this is nothing new: the federal government has been detaining migrants in city and county jails for more than 100 years. In The Migrant's Jail, Brianna Nofil examines how a century of political, ideological, and economic exchange between the U.S. immigration bureaucracy and the criminal justice system gave rise to the world&’s largest system of migrant incarceration. Migrant detention is not simply an outgrowth of mass incarceration; rather, it has propelled carceral state–building and fostered intergovernmental policing efforts since the turn of the twentieth century.From the incarceration of Chinese migrants in New York in the 1900s and 1910s to the jailing of Caribbean refugees in Gulf South lockups of the 1980s and 1990s, federal immigration authorities provided communities with a cash windfall that they used to cut taxes, reward local officials, and build bigger jails—which they then had incentive to fill. Trapped in America&’s patchwork detention networks, migrants turned to courts, embassies, and the media to challenge the cruel paradox of &“administrative imprisonment.&” Drawing on immigration records, affidavits, protest letters, and a variety of local sources, Nofil excavates the web of political negotiations, financial deals, and legal precedents that allows the United States to incarcerate migrants with little accountability and devastating consequences.
The Militant Face of Democracy
by Anna Geis Harald Müller Niklas Schörnig Anna Geis Harald MüllerDemocratic peace theory - the argument that democracies very rarely go to war with each other - has come under attack recently for being too naïve and for neglecting the vast amount of wars fought by democracies, especially since the end of the Cold War. This volume offers a fresh perspective by arguing that the same norms which are responsible for the democratic peace can be argued to be responsible for democratic war-proneness. The authors show that democratic norms, which are usually understood to cause peaceful behaviour, are heavily contested when dealing with a non-democratic other. The book thus integrates democratic peace and democratic war into one consistent theoretical perspective, emphasising the impact of national identity. The book concludes by arguing that all democracies have a 'weak spot' where they would be willing to engage militarily.
The Military Commander's Necessity: The Law of Armed Conflict and its Limits
by Sigrid Redse JohansenThe idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.
The Militia and the Right to Arms, or, How the Second Amendment Fell Silent
by H. Richard Uviller William G. Merkel"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. " --Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century. Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
The Mimetic Evolution of the Court of Justice of the EU: A Comparative Law Perspective
by Leonardo PierdominiciThis book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
The Mind Manual: Mindapples 5 a Day for a Happy, Healthy Mind
by Andy GibsonFrom the people who brought you the Mindapples "5-a-day for your mind" campaign, The Mind Manual is an accessible guide to what's going on in your head. From understanding how your own mind works, to making sense of the behaviour of others, this is a practical guide to managing your mind and using it to get the life you want. The book uses proven insights from neuroscience and psychology, filtered through the wisdom and experience of thousands of people in Mindapples' global community, to give you a crash-course in understanding your own mind. It will improve your well-being, your ability to cope with stress, and your understanding of yourself and others, and give you the tools you need to be your best self, with chapters including:How to Be YourselfHow to Keep CalmHow to Be HappyHow to Have a Healthy MindHow to Be WiseHow to Be ProductiveHow to Be ResilientHow to Be KindHow to Fall in Love
The Mind Manual: Mindapples 5 a Day for a Happy, Healthy Mind (Dr Alex George)
by Andy GibsonFrom the people who brought you the Mindapples "5-a-day for your mind" campaign, The Mind Manual is an accessible guide to what's going on in your head. From understanding how your own mind works, to making sense of the behaviour of others, this is a practical guide to managing your mind and using it to get the life you want. The book uses proven insights from neuroscience and psychology, filtered through the wisdom and experience of thousands of people in Mindapples' global community, to give you a crash-course in understanding your own mind. It will improve your well-being, your ability to cope with stress, and your understanding of yourself and others, and give you the tools you need to be your best self, with chapters including:How to Be YourselfHow to Keep CalmHow to Be HappyHow to Have a Healthy MindHow to Be WiseHow to Be ProductiveHow to Be ResilientHow to Be KindHow to Fall in Love
The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters, and Judicial Opinions
by Max LernerA reprint of the Little, Brown edition of 1943. Acidic paper. Annotation copyright Book News, Inc. Portland, Or.
The Mind in Another Place: My Life as a Scholar
by Luke Timothy JohnsonA witness to the peculiar way of being that is the scholar&’s Luke Timothy Johnson is one of the best-known and most influential New Testament scholars of recent decades. In this memoir, he draws on his rich experience to invite readers into the scholar&’s life—its aims, commitments, and habits. In addition to sharing his own story, from childhood to retirement, Johnson reflects on the nature of scholarship more generally, showing how this vocation has changed over the past half-century and where it might be going in the future. He is as candid and unsparing about negative trends in academia as he is hopeful about the possibilities of steadfast, disciplined scholarship. In two closing chapters, he discusses the essential intellectual and moral virtues of scholarly excellence, including curiosity, imagination, courage, discipline, persistence, detachment, and contentment. Johnson&’s robust defense of the scholarly life—portrayed throughout this book as a generative process of discovery and disclosure—will inspire both new and seasoned scholars, as well as anyone who reads and values good scholarship. But The Mind in Another Place ultimately resonates beyond the walls of the academy and speaks to matters more universally human: the love of knowledge and the lifelong pursuit of truth.
The Mind of Clover: Essays in Zen Buddhist Ethics
by Robert AitkenIn Taking the Path of Zen, Robert Aitken provided a concise guide to zazen (Zen meditation) and other aspects of the practice of Zen. In The Mind of Clover he addresses the world beyond the zazen cushions, illuminating issues of appropriate personal and social action through an exploration of the philosophical complexities of Zen ethics. Aitken's approach is clear and sure as he shows how our minds can be as nurturing as clover, which enriches the soil and benefits the environment as it grows. The opening chapters discuss the Ten Grave Precepts of Zen, which, Aitken points out, are "not commandments etched in stone but expressions of inspiration written in something more fluid than water." Aitken approaches these precepts, the core of Zen ethics, from several perspectives, offering many layers of interpretation. Like ripples in a pond, the circles of his interpretation increasingly widen, and he expands his focus to confront corporate theft and oppression, the role of women in Zen and society, abortion, nuclear war, pollution of the environment, and other concerns.The Mind of Clover champions the cause of personal responsibility in modern society, encouraging nonviolent activism based on clear convictions. It is a guide that engages, that invites us to realize our own potential for confident and responsible action.
The Mind of Plato
by A. E. TaylorThrough his own writings and inspiration of Aristotle and countless others, Plato continues to influence every area of philosophic thought, to say nothing of his enormous influence on Christian theology. His dramatic dialogues, including Republic, the monumental treatise on the ideal state, render him one of the greatest of Greek literary geniuses.In this concise analysis, eminent Plato scholar A. E. Taylor examines the philosopher's theory of knowledge and doctrine of ideas; the ideal of the philosopher-king; the social system advocated in Republic; judgments on democracy; and belief in the immortality of the soul. Also considered: Plato's relationship with his master, Socrates; contribution to the idea of university education; attack on art; abstention from public life; anticipation of Copernicus. Taylor also mentions historical misunderstandings of the one he deems the most original and influential of all philosophers.-Print ed.“A. E. Taylor’s THE MIND OF PLATO is the work of a scholar of great eminence and the best brief introduction to Plato that I know.”—JOHN WILD“This short work, by one of the great Platonic authorities, presents the career and thought of Plato without the dogmatic, technical, or sentimental clichés found in many expositions of Platonism.”-RICHARD McKEON
The Mind of a Murderer: A glimpse into the darkest corners of the human psyche, from a leading forensic psychiatrist
by Richard Taylor'Whodunnit' doesn't matter so much, not to a forensic psychiatrist. We're more interested in the 'why'.In his 26 years in the field, Richard Taylor has worked on well over a hundred murder cases, with victims and perpetrators from all walks of life. In this fascinating memoir, Taylor draws on some of the most tragic, horrific and illuminating of these cases - as well as dark secrets from his own family's past - to explore some of the questions he grapples with every day:Why do people kill? Does committing a monstrous act make someone a monster? Could any of us, in the wrong circumstances, become a killer?As Taylor helps us understand what lies inside the minds of his patients, using their own words to tell their stories, he presents us with the most important challenge of all: how can we find common humanity, even in the darkest of human deeds - and why it is so vital that we try?The Mind of a Murderer is a fascinating exploration into the psyche of killers, as well as a unique insight into the life and mind of the doctor who treats them. For fans of Unnatural Causes, The Examined Life and All That Remains.(P)2020 Headline Publishing Group Ltd
The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor's Dilemma
by Robert Corn-RevereBeginning in the nineteenth century with Anthony Comstock, America's 'censor in chief,' The Mind of the Censor and the Eye of the Beholder explores how censors operate and why they wore out their welcome in society at large. This book explains how the same tactics were tried and eventually failed in the twentieth century, with efforts to censor music, comic books, television, and other forms of popular entertainment. The historic examples illustrate not just the mindset and tactics of censors, but why they are the ultimate counterculture warriors and why, in free societies, censors never occupy the moral high ground. This book is for anyone who wants to know more about why freedom of speech is important and how protections for free expression became part of the American identity.
The Mind of the Criminal
by Reid Griffith FontaineIn American criminal law, if a defendant demonstrates that they lack certain psychological capabilities, they may be excused of blame and punishment for wrongdoing. However, criminal defense law often fails to consider the developmental science of individual differences in ability and functioning that may inform jurisprudential issues of rational capacity and responsibility in criminal law. This book discusses the excusing nature of a range of both traditional and non-traditional criminal law defenses and questions the structure of these defenses based on scientific findings from social and developmental psychology. This book explores how research on individual differences in the development of social perception, judgment and decision making explain why some youths and adults develop psychological tendencies that favor criminal behavior, and considers how developmental science can guide the understanding of criminal excuses and affirmative defense law.
The Minneapolis Reckoning: Race, Violence, and the Politics of Policing in America
by Michelle S. PhelpsChallenges to racialized policing, from early reform efforts to BLM protests and the aftermath of George Floyd&’s murder The eruption of Black Lives Matter protests against police violence in 2014 spurred a wave of police reform. One of the places to embrace this reform was Minneapolis, Minnesota, a city long known for its liberal politics. Yet in May 2020, four of its officers murdered George Floyd. Fiery protests followed, making the city a national emblem for the failures of police reform. In response, members of the Minneapolis City Council pledged to &“end&” the Minneapolis Police Department. In The Minneapolis Reckoning, Michelle Phelps describes how Minneapolis arrived at the brink of police abolition.Phelps explains that the council&’s pledge did not come out of a single moment of rage, but decades of organizing efforts. Yet the politics of transforming policing were more complex than they first appeared. Despite public outrage over police brutality, the council&’s initiatives faced stiff opposition, including by Black community leaders who called for more police protection against crime as well as police reform. In 2021, voters ultimately rejected the ballot measure to end the department. Yet change continued on the ground, as state and federal investigations pushed police reform and city leaders and residents began to develop alternative models of safety.The Minneapolis Reckoning shows how the dualized meaning of the police—as both the promise of state protection and the threat of state violence—creates the complex politics of policing that thwart change. Phelps&’s account of the city's struggles over what constitutes real accountability, justice, and safety offers a vivid picture of the possibilities and limits of challenging police power today.
The Minority Rights Revolution
by John D. SkrentnyA study of the ways in which minority rights have come to be and of how they should be changed.
The Missing American Jury
by Suja A. ThomasCriminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.
The Missing Piece
by Kevin Egan&“A masterful story of murder, corruption, and sexual obsession, with the tension meter on high&” from the author of Midnight and A Shattered Circle (Booklist). For law clerk Linda Conover, who studied art in college, her boss&’s new case is close to her heart. The ownership of an ancient Roman silver urn—part of a treasure valued at seventy million dollars—is being contested by the governments of Croatia and Hungary and the Earl of Leinster. But before opening arguments even begin, the trial is over. Two masked gunmen break into the courtroom and steal the urn, leaving a wounded court officer in their wake. Three years later, the case is brought back to trial, and Linda, now a judge, finds herself presiding. The artifact is still missing and repercussions from the shooting remain, unleashing a deadly obsession that corrupts or kills everyone it touches. And now Linda is within its reach . . . &“A tense thriller that will keep you up until the wee hours.&” —Suspense Magazine &“Brisk and suspenseful. John Grisham with a dash of men&’s adventure and Dan Brown.&” —Noir Journal
The Missing Piece: A Novel (Dismas Hardy #19)
by John LescroartThe beloved New York Times bestselling Dismas Hardy series returns with this &“perfect piece of entertainment from a master storyteller&” (Steve Berry, New York Times bestselling author) about a relentlessly twisty murder mystery.No one mourned when San Francisco DA Wes Farrell put Paul Riley in prison eleven years ago for the rape and murder of his girlfriend. And no one is particularly happy to see him again when he&’s released after The Exoneration Initiative uncovered evidence that pinned the crime on someone else. In fact, Riley soon turns up murdered, surrounded by the loot from his latest scam. But if Riley was really innocent all along, who wanted him dead? To the cops, it&’s straightforward: the still-grieving father of Riley&’s dead girlfriend killed the former prisoner. Farrell, now out of politics and practicing law with master attorney Dismas Hardy, agrees to represent the defendant, Doug Rush—and is left in the dust when Rush suddenly vanishes. At a loss, Farrell and Hardy ask PI Abe Glitsky to track down the potentially lethal defendant. The search takes Glitsky through an investigative hall of mirrors populated by wounded parents, crooked cops, cheating spouses, and single-minded vigilantes. As Glitsky embraces and then discards one enticing theory after another, the truth seems to recede ever farther. So far that he begins to question his own moral compass in this &“superb thriller from a veteran crime writer&” (Jeffrey Deaver, New York Times bestselling author) that you&’ll savor to the last word.
The Mobility Control Apparatus: Getting to the Core of Crimmigration in the Schengen Area (Routledge Studies in Criminal Justice, Borders and Citizenship)
by Maartje van der WoudeThis book critically explores the complexities of intra-Schengen border control and migration dynamics within Europe. It provides a comprehensive analysis of how various actors, including border officials and state apparatuses, interact in managing mobility and enforcing controls. The theoretical foundation draws on Foucault’s concept of the dispositif, examining how borders are enforced through a combination of legal frameworks, discourses, and on-the-ground practices.The book emphasises the importance of discretion in border control, arguing that it plays a pivotal role in shaping decisions at both the organisational and street levels. It delves into the experiences of Dutch border control officers and the wider European context, offering a comparative analysis of Europe’s intra-Schengen borderlands. By drawing on real-world case studies, it showcases the tensions between security and mobility and how migration is managed through both visible and covert policing practices. The work is grounded in rich qualitative data, collected over years of fieldwork, and addresses key debates in migration and criminology studies, particularly the evolving concept of ‘crimmigration’ and its implications for human rights and security policies.This book will be of interest to criminologists, sociologists, legal scholars, and political scientists alike, as well as all those engaged in studies on migration, mobility, and the European Union.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.
The Model Black: How Black British Leaders Succeed in Organisations and Why It Matters
by Barbara BandaThis book is for anyone who wants to understand what being more inclusive at work means, especially as it relates to black leaders. It is intended for those people who are saying “I don’t know where to start,” “I don’t know what to do” and “I don’t know what to say” when understanding and talking about race at work. Based on candid interviews with 30 successful black leaders, it peels away the multifaceted layers of black British leaders in organisations to offer a new way of thinking about the black British experience. This book provides the insights and ideas required to have positive conversations about race at work and to create work environments where black leaders can thrive. In identifying the attributes and behaviours that successful black leaders have in common, this book offers new ways of thinking about black people at work that help to further inclusion. It shines a light on the daily reality of being a black leader in the workplace, providing an alternative entry point for conversations around inclusion and explores what individuals and organisations can do to increase inclusion in the workplace. Through first-hand stories this book explores the challenges, compromises, struggles and successes that black people encounter, and the range of strategies they employ to achieve success as they navigate the “white” workplace. It is essential reading for business leaders in the private, public and third sector, human resources professionals, students, anyone teaching or mentoring black students or leaders and everyone interested in understanding race and furthering inclusion in the workplace.
The Modern Child and the Flexible Labour Market
by Anne Trine Kj�rholt Jens OvortrupThis book sheds light on new research related to welfare state, child care policies, and small children's everyday lives in institutions in Europe. In uniting recent social childhood research, welfare perspectives and historical and comparative approaches, the book explores institutionalization as a feature of the modern child's life.